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Harris, Family Law Expert

Category: Family Law

Satisfied Customers: 1770

Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters

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My daughter has dies recently, leaving my 13 year old granddaughter,

Customer Question

Hi, my daughter has dies recently, leaving my 13 year old granddaughter, an orphan. She has been living with myself and my husband ever since. Her father died 18 months ago (they were not together). I wish to seek official guardian status for Ellie so I can apply for a passport and sign other official documents. How do I go about it.

Hi, thanks for your question. I am a qualified family law solicitor.Sorry to hear about this situation.You can apply to Court to be appointed as a guardian for your granddaughter. You can make the application under form C1 together with Form FM1 and submit it to your local family court. As there are no parents with parental responsibility, the Court is highly likely to appoint you as a guardian. Once appointed you will have parental responsibility and you can then apply for a passport for her.

HiMy name is ***** ***** I have been a family Lawyer for 30 years.I am very sorry for your loss.You have not said whether or not your daughter left a Will naming you as Testamentary Guardians. If she did then you already have Parental Responsibility by virtue of that.Assuming that she did not then you cannot apply for a Parental Responsibility Order as you are NOT the parents or step parents of your granddaughter.You do however have two options.You can apply for a Child Arrangement Order stating that the child lives with you - which will give you Parental Responsibility until she is 16.This is done using a Form C100 available herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdfwith a cost of &pound;215. It will be a quick and easy process since there is no one else involved.Alternatively you can apply to be appointed as Special Guardians for the child - this will involve a report form Social Service sand you can read more herehttp://www.familylives.org.uk/advice/your-family/fostering-adoption-kinshipcare/special-guardianship-orders/I hope that this is of assistance - please ask if you need further details

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